Legal Question in Wills and Trusts in Florida

Trust set up originally by parents in 1997 in Florida. Bank account for trust was set up in 1997, subsequently, mother, after father's death, made new trust with different attorney in 2009. 1997 never revoked 1997 trust nor bank account closed. New trust (2009) date appeared on the original trust bank account. Mother now deceased 2012, I am now trustee of original trust, but no paperwork or documentation as to the change of trust date on bank account. Mother's lawyer simply says new trust automatically took over ??


Asked on 9/23/12, 1:03 pm

1 Answer from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Revocable family trusts often provide for new trust(s) upon the death of a

settlor/trustee to take advantage of tax laws and other benefits. It is necessary

to understand the original trust and its relationship to the subsequent trust

which will also explain the bank account issue. The attorney can explain

the relationship between the trusts and how one trust evolved into a subsequent

trust upon the death of each parent.

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Answered on 9/23/12, 1:23 pm


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